Chapter Three: The Judiciary

Article (90) Independence of the Judiciary

The judiciary authority is independent and its function is the administration of justice and ensuring the rule of law and the protection of rights and freedoms. Judges are independent in the performance of their functions and are only subject to the power of law and abide by the principles of impartiality and neutrality. And interference in the work of the judiciary is a crime which is not time

Article (91)Members of the judiciary authority

The members of the judiciary are the judges and public prosecutors. Law sets out conditions for appointing and promoting them so to ensure selecting the best suited and the most capable and regulates their rights, duties and careers.

Article (92)Guarantees for members of the judiciary

A member of the judiciary may not be dismissed or removed and cannot be punished with a disciplinary action except by a justified decision by the Higher Judicial Council, in accordance with the guarantees and cases determined by law. Except in the case of flagrante delicto, he may not be arrested or imprisoned without the permission of the Higher Judicial Council.

Article (93) Competence of the courts

The different types and degrees of courts rule in disputes and offenses according to the system of judicial specialization, to respond to the requirements of justice. Their sessions are public except in juvenile courts or if the court decides the confidentiality in order to safeguard public order and morals. In all cases, decisions are pronounced openly and according to law provisions.

Article (94) Litigation

Except for irregularities and less important issues to be determined by law, the trials are organized in two degrees and the law defines the competences of the courts and procedures they follow. Creation of special courts is prohibited.

Article (95) Higher Judicial Council

The judiciary has a council called (Higher Judicial Council) which ensures proper functioning of the judiciary and its independence. It enjoys legal personality and administrative and financial independence. It prepares its draft budget for discussion before the legislative authority

Article (96) Competences of the Council

The Higher Judicial Council is competent in the appointment, promotion, transfer and discipline of the members of the judiciary and all their careers matters. It is equally responsible of the establishment of courts and the prosecutors’ offices in accordance with law. It gives opinion on the draft laws relating to the judiciary and proposes the establishment or cancellation of independent judicial bodies. It also prepares an annual evaluation report of the legislation and its application by the courts, to be referred to the legislative authority and published in The Official Gazette. Law regulates its other competences.

Article (97) Composition of the Council

The Higher Judicial Council is composed of :

1.  The President of the Court of Cassation, as president.

2.  The attorney general, as vice-president.

3.  The head of the Judicial Inspection Body, as a member.

4.  Presidents of the courts of appeal, as members.

5.  The most senior general counsel, as a member.

6.  The most senior head of a court of first instance for each court of appeal, as members.

7.  Professor  at  law  faculties  in  Libyan  universities  and  a  lawyer acceptable to the Supreme Court, both selected by the Legislative.

8.  Professor  at  law  faculties  in  Libyan  universities  and  a  lawyer acceptable to the Supreme Court, both selected by the President of the Republic..

Article (98)The Court of Cassation

The Court of Cassation consists of a President, a Vice-President and asufficient number of counselors which grades are not lower than a President at the Court of Appeal or the equivalent, who are chosen by the Higher Judicial Council. The president and vice-president should be among the most senior three counselors to be chosen by its General Assembly.

Article (99) Competences of the Court

The competence of the Court of Cassation consists in considering the appeals in cassation. Its other competences are stated by the law.

Article (100)Public Prosecutor’s Office

Public Prosecutor’s Office is an integral part of the judicial authority and it is headed by the Public Prosecutor. Prosecutors act on his behalf in the exercise of his competence on Criminal Proceedings Except as specifically exempted by law. The Public Prosecutor is appointed by the President of the State upon the nomination of the Higher Judicial Council. He shall be selected among Court of Cassation Counselors, heads of Appeal Courts or grade (A) Attorney Generals for a six-year term or for the remaining period until his retirement, whichever is closer, and for one term

Article (101) Body of the Judicial Inspection

The Judicial Inspection Body is a judicial body which members are appointed via a decision of the Higher Judicial Council. It consists of a chairperson and deputy as well as a sufficient number of counselors whose rank shall be no less than a head of court appeal or equivalent. It is competent in the inspection of the members of the judiciary, and any other functions specified by the law.

Article (102) Legal profession

Lawyers are partners in the achievement of justice, they enjoy legal safeguards to enable them to perform their duties to contribute to the administration of justice and defense rights and freedoms as regulated by law.

Article (103) Military judiciary system

Military courts are specialized in looking into military crimes committed by members of the military, in accordance with the procedures established by law and so to ensure fair trial.

Article (104) Judicial decisions are mandatory

Judicial decisions are binding for all, and it is prohibited to refrain from the implementation of enforceable decisions or to disable them without legal reason.

What do you think of this section of the Constitution